Connor v. State
| Decision Date | 06 September 2001 |
| Docket Number | No. SC93697.,SC93697. |
| Citation | 803 So.2d 598 |
| Parties | Seburt Nelson CONNOR, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Bennett H. Brummer, Public Defender, and Louis Campbell, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellant.
Robert A. Butterworth, Attorney General, and Fariba N. Komeily, Miami, FL, and Charmaine Millsaps, Tallahassee, FL, Assistant Attorneys General, for Appellee.
We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Seburt Nelson Connor. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution. For the reasons expressed below, we affirm the convictions and sentences, including the sentence of death.
Connor was arrested in Miami on Saturday, November 21, 1992, for the double murder of Lawrence Goodine and Jessica Goodine. The record establishes the following facts surrounding the crimes.
In the 1970s, Connor began an extramarital affair with Margaret Bennett. When Bennett found out that Connor was married, she ended the relationship. In 1979, Margaret married Lawrence Goodine and the couple had two children, Karen and Jessica. Margaret later separated from Lawrence and in 1988 she renewed her relationship with Connor. Connor became a father figure to Margaret's two children. However, in early 1992, Margaret told Connor that she did not want to see him anymore.
Over the next several months, Connor allegedly harassed Margaret. Her house was burglarized a number of times, with the burglar taking bed sheets, towels and linens. One witness stated that she observed Connor shoot a gun at Margaret's house as he drove by. One of Margaret's neighbors testified that she received a threatening phone call from a person who she believed was Connor. The caller stated that he was going to kill Margaret and her daughter Karen.
On July 28, 1992, Margaret obtained an ex parte domestic violence injunction against Connor. A permanent injunction was issued on August 19, 1992. Connor told one of Margaret's neighbors that he would stop bothering Margaret if she would go back to her husband Lawrence Goodine. In September of 1992, Margaret complied with Connor's request and asked Lawrence to move back into her house. In October of 1992, Connor purchased a black 1986 Cadillac, a car that was identical to the car that Margaret already owned. A neighbor testified that she would often see a black Cadillac driving slowly through the neighborhood.
On Thursday, November 19, 1992, Margaret left for work in the morning and her daughters Karen and Jessica (age 10) went to school. Lawrence Goodine remained in the house. He was last seen at the house at 2:30 p.m. Jessica returned home after school and went across the street to play with one of her friends. While the girls were playing, they noticed a black Cadillac at Jessica's house, so Jessica went home. Jessica came back shortly thereafter and told her friend that she was leaving. Jessica left in the Cadillac and Jessica's friend testified that she thought Jessica left with her father.
Jessica's sister Karen came home at approximately 6 p.m. Karen called her mother and told her that neither Lawrence nor Jessica was home and that it appeared that someone had been in the house. Margaret told Jessica to call the police. When Margaret arrived home, she told the police that she thought Connor had something to do with the disappearances. The police called the Connor residence Thursday night and spoke to Mr. and Mrs. Connor. Detective Murias later went to the Connor house at about 3 a.m. on Friday, November 20. A black Cadillac was parked outside the house. The property where the Connors lived contained a house and a separate "cottage" behind the house. When Detective Murias arrived, Mr. Connor was in the cottage and Mrs. Connor went around to get him. When asked about the disappearances, Mr. Connor told Detective Murias that he did not have any contact with Jessica or Lawrence that day.
Late in the afternoon on Friday, November 20, 1992 (one day after Lawrence and Jessica disappeared), Lawrence's body was found in a wooded area near the Fort Lauderdale airport. The cause of death was multiple blunt trauma to the head. He was hit on the head five times and each of the blows would have rendered him unconscious and each was fatal. When his body was removed at 4:30 p.m., he had been dead about 24 hours.
When the detectives went to the Goodine house to report the discovery of Lawrence's body, they noticed blood on the living room carpet and on the wall. Subsequent tests revealed that the blood was probably Lawrence's. The police also noticed a broken chair. Apparently the killer hit Lawrence over the head with a leg from the chair.
The search for Jessica intensified with the discovery of Lawrence's body. Several police officers returned to Connor's house at 2 a.m. on Saturday, November 21 (approximately four hours after the police discovered the blood at the Goodine residence). The police did not go to the house to arrest Connor; they only went to the house to question him. When Mrs. Connor answered the door, Detective Murias and Detective Tymes told her that they wanted to speak to Mr. Connor. Mr. Connor came out of the bedroom wearing pajamas, and Detective Tymes told Mr. Connor that she "needed to further talk to him" at her office. Mr. Connor asked if he could get dressed and he was given permission to do so. Detective Tymes stated that Mr. Connor voluntarily agreed to go to the station. As they left the house, Detective Tymes asked Mr. Connor if she could search the Cadillac. He agreed and she filled out a consent form and Mr. Connor signed it. Detective Tymes searched the car and noticed blood stains on the rear seat and in the trunk. Mr. Connor rode with Detective Tymes to the police station. Mr. Connor sat in the front seat and was not handcuffed. While Mr. Connor was on his way to the station, Detective Murias and another detective searched the cottage pursuant to Mrs. Connor's consent. The detectives did not see anything suspicious.
Once Mr. Connor and Detective Tymes arrived at the station, Detective Tymes advised Mr. Connor of his Miranda1 rights, and Mr. Connor signed a standard waiver form. Detective Tymes testified that Mr. Connor was not told that he was under arrest but that in her mind, Mr. Connor was not free to leave. During the questioning, Detective Tymes noticed blood on Mr. Connor's socks and shoes. When asked about the blood, Mr. Connor stated that he had a cut on his leg. Detective Tymes asked Mr. Connor if she could take his socks and shoes, and Mr. Connor consented and signed a consent form. Subsequent DNA tests revealed that the blood on the socks and shoes was that of Lawrence Goodine. Detective Tymes then asked Mr. Connor for permission to search the house and cottage. Mr. Connor agreed and signed another consent form.
Two other detectives went to the Connor residence about 5 a.m. on Saturday morning, November 21. The detectives obtained written consent to search the house from Mrs. Connor and her daughter. After being asked by the detectives, Mrs. Connor handed over the clothes that Mr. Connor was wearing on Thursday, November 19. The clothes appeared to have blood stains on them, and subsequent tests revealed that the blood belonged to Lawrence Goodine.
The police obtained a search warrant in order to remove the Cadillac for further processing. The Cadillac was towed about 11 a.m. on Saturday, November 21. Blood stains were found on the pouch behind the driver's seat and on the rear seat. Subsequent DNA tests revealed that the blood was Lawrence Goodine's.
Around 11 a.m. on Saturday, November 21, the police conducted another search of the cottage. The police discovered the body of Jessica wedged between the bed and the wall, wrapped in a comforter. The medical examiner testified that Jessica probably died sometime late on Friday. The cause of death was asphyxia by manual strangulation. Her eyes were puffy, indicating that she had been crying and there was residue of duct tape on her face. A hand had been pressed down over her mouth with sufficient force to cause hemorrhaging along the gum margin. Mr. Connor was arrested at 12:30 p.m. on Saturday, November 21.
Prior to trial, defense counsel filed a motion to declare that Connor was incompetent. After a competency hearing, the trial court found that Connor was competent to stand trial. Months later, during jury selection, the trial court held another competency hearing and again found that Connor was competent. The case proceeded to trial, and Connor testified during the guilt phase, claiming that the State planted the evidence and Jessica's body in his house. He stated that the police were trying to get revenge against him for filing a previous civil suit against them. At the conclusion of the guilt phase, Connor was convicted of two counts of first-degree murder, kidnapping, and burglary.
After the penalty phase, the jury recommended death by an eight-to-four vote for the murder of Jessica Goodine and life for the murder of Lawrence Goodine. The trial court found the following five aggravators for the murder of Jessica Goodine: (1) previous capital felony (murder of Lawrence), (2) murder committed while engaged in the commission of a kidnapping, (3) murder committed to avoid arrest, (4) the murder was heinous, atrocious, or cruel (HAC), and (5) the murder was cold, calculated, and premeditated (CCP). The trial court concluded that Connor failed to establish the statutory mental mitigators but did find the nonstatutory mental mitigator that Connor suffered from a mental illness at the time of the offense. The court gave this mitigator substantial weight. The court also found the following nonstatutory mental mitigators: (1) Connor is a good father; (2) Connor will die in prison if given life sentences; and (3)...
To continue reading
Request your trial
-
Everett v. State
...however, must "review independently mixed questions of law and fact that ultimately determine constitutional rights." Connor v. State, 803 So.2d 598, 607 (Fla.2001),cert. denied, 535 U.S. 1103, 122 S.Ct. 2308, 152 L.Ed.2d 1063 (2002). The pertinent facts are undisputed; thus, we review de n......
-
Chavez v. State
...defers to the trial court on questions of historical fact, but conducts a de novo review of the constitutional issue. See Connor v. State, 803 So.2d 598 (Fla.2001). To establish that a statement is involuntary, there must be a finding of coercive police conduct. Colorado v. Connelly, 479 U.......
-
M.A.B. v. State
...the law to the historical facts establishes an adequate basis for the trial court's ruling is subject to de novo review." Connor v. State, 803 So.2d 598, 608 (Fla.2001). A. The Adequacy of the Miranda In Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the Supreme Cou......
-
State v. Pitts
...of historical fact" will be reversed "only if not supported by competent substantial evidence in the record." Connor v. State, 803 So.2d 598, 608 (Fla. 2001). But the trial court's "application of law to those facts" is subject to de novo review. Id. II. Background A. The Interview with Pit......
-
Containing Canakaris: tailoring Florida's one-size-fits-most standard of review.
...See Ford v. State, 802 So. 2d 1121 (Fla. 2001). (44) State v. Taylor, 784 So. 2d 1164 (Fla. 2d D.C.A. 2001). (45) Connor v. State, 803 So. 2d 598, 605-08 (Fla. (46) Stephens v. State, 748 So. 2d 1028 (Fla. 1999). (47) Id. at 1034. (48) Host Marriott Tollroads, Inc., v. Petrol Enters., 810 S......
-
Appellate standards of review.
...Apparel, Inc. v. Easton, 894 So. 2d 20 (Fla. 2004); Burns v. Barfield, 732 So. 2d 1202 (Fla. 4th D.C.A. 1999). (7) See Conner v. State, 803 So. 2d 598 (Fla. (8) See Demps v. State, 761 So. 2d 302 (Fla. 2000). (9) See Burkey v. State, 922 So. 2d 1033 (Fla. 4th D.C.A. 2006). (10) See, e.g., G......